Kimco Addition, Inc. v. Lower Platte South Natural Resources District

In this inverse condemnation action, plaintiff-appellant, Kimco Addition, Inc., seeks damages for the expanded portion of an easement defendant-appellee, Lower Platte South Natural Resources District, exercises through a tract of land Kimco owns. The district court overruled Kimco’s motion for summary judgment on the sole issue of its entitlement to damages, and sustained Lower Platte’s motion for summary judgment, thereby dismissing Kimco’s petition. Kimco assigns eight errors, which merge to challenge the district court’s finding that (1) any cause of action which may have existed is time…